A FATHER of four has been jailed for six years by the Central Criminal Court following his conviction for the rape of a Waterford babysitter in a neighbour's sitting room last year.
Mr Justice Flood said he was suspending the final two years in recognition of past efforts made by the defendant to improve his situation. He advised him to continue his education while in custody to prove he was serious about reforming.
Up to the time of the offence, the defendant had been an extremely decent neighbour and had done a number of good works in his community, the judge said.
The court heard the defendant's wife had to move house due to intimidation following the conviction. The victim and her family were not involved.
In October, a jury took 3 1/2 hours to convict him of the rape by a 10-2 majority. The 36-year-old man had denied raping the 32-year-old woman on October 10th, 1995, in a Waterford housing estate. The trial lasted three days, with the court directing that the man should not be named to protect the victim.
Garda Finbar White told prosecution counsel, Mr James Connolly SC, that the defendant's one previous conviction was in 1978 when he received a suspended sentence in Belfast for conspiracy to hijack.
In reply to Mr Patrick McCarthy SC, defending, Garda White agreed the defendant had come to live in Waterford to escape the Northern troubles and had not come under suspicion for any crimes since. He had been a respectable family man who had settled in Waterford, had gone to the local RTC and was involved in community work.
His rape conviction had come as a shock to many who knew him. His family was standing by him and his wife was in court, as was a local priest.
Mr McCarthy said his client wished to apologise to his victim as well as his wife and family. He was "branded" by the rape conviction and would have a difficult time in prison. Mr McCarthy also handed in testimonials from groups with which the defendant was involved, including a local theatre company, a men's social club, Waterford RTC and Waterford's "Spree" festival.
During the trial, the woman said she admitted the defendant to the house at about 11.30 pm. to make a phone call. In evidence, the man said he attempted consensual sex but stopped when she told him she was a virgin. The court was told that at first he denied he had sex with her but later claimed there was an attempt at consensual sex.